SELF-LAUNDERING: THE CASSATION ADJUSTS THE PULL IN SELF-LAUNDERING

The recent ruling of the Cassation n. 9755/20 reinforces the case that determines the behavior of the accused who “can be exempt from criminal liability only and only if he uses or enjoys the proceeds of the proceeds of the crime presumed directly and without carrying out any operation on them which is capable of concretely hindering the ‘identification of their criminal origin “.

It follows that where the criminal offense referred to in paragraph 1 of Article 648-ter1 of the Italian Criminal Code is integrated in all its elements, as happened in the present case, the agent is criminally punishable, it remains completely indifferent that, once the self-laundering operations were concluded, the latter merely used or personally enjoyed the aforementioned assets in a personal capacity.

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